Motion for Turnover

Official Procedure Last Change November 27, 2024

Motion for Turnover

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Turnover, Motion for

Things to be aware of when filing: Use of the Court's sample form is encouraged.
 

General Information

  • A Motion for Turnover can only be used by trustees or debtors, and only if seeking turnover from the debtor, debtor's attorney, or custodian. All other turnovers must be filed as adversary proceedings.

  • Debtor-filed motions must reference tangible, personal property only. Turnover of intangible, personal property or real property may be sought by filing an adversary proceeding. 

  • Any request for sanctions must be filed as a separate motion using the event Motion for Sanctions.

  • Motions for Turnover and proposed orders on same should not contain personal identifiers, pursuant to FRBP 9037. This includes account numbers - only the last four digits of these should be shown.

Filing requirements

  • Motion must be signed by filing party
  • A Certificate of Service must accompany the Motion.
  • Use of the Court's sample form is encouraged.
  • Filing party is responsible for uploading a proposed order
  • A 21-day objection notice must be included with the motion if filed by the trustee. The Notice may be included in the body of the Motion or filed separately using the Turnover Notice with Certificate of Service event.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Turnover, Motion for from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Indicate whether the notice is attached or will be filed separately. Click Next.

11. If you indicated that the notice is included, the objection deadline is automatically calculated and displayed. Click Next, unless pending motions are also displayed (see next step).

12. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

13. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

14. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

15. Upload proposed order.